Legal Opinion

Pantina-Bott v. New York State Comptroller

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 2011Published

1Opinion of the CourtRose, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for performance of duty disability retirement benefits.

Petitioner injured her neck, back and right shoulder in two separate incidents while employed as a police officer. Petitioner’s application for performance of duty disability retirement benefits was initially denied. Following a hearing, the Hearing Officer found that petitioner was not permanently incapacitated from the…

2Cases cited4 opinions

  1. Mirrer v. HevesiAppellate Division of the Supreme Court of the State of New York · 2004
  2. Fochi v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Cuttino v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Cavalieri v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008

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